V F MANUEL Vs. PARANDADAN

JUDGEMENT

(1.) The petitioner was the plaintiff in an original suit in which the first respondent was the defendant: the other two respondents were not parties to the suit. At the instance of the petitioner, an amin was deputed by the Munsiff to harvest the crops on the property involved in the suit and the amin was resisted by all the respondents according to the petitioner, but by respondents 2 and 3, according to the respondents. The amin reported the matter to the Munsiff; and then the petitioner moved the Munsiff to file a complaint under S.195 of the Code of Criminal Procedure. The petition was dismissed; and the criminal revision petition is against the order.

(2.) The counsel of the petitioner argues that the petition before the lower court was one under S.195(1)(a) of the Code of Criminal Procedure and that the dismissal of that petition gave the petitioner a right to approach this Court in revision under S.439 of the Code. The counsel of the respondents, on the other hand, points out that S.195(1)(a) of the Code does not contemplate any application by a party according to the counsel, what the clause provides is that no court shall take cognizance of any offence mentioned therein except on the complaint in writing of a public servant. In other words, the contention is that S.195(1)(a) does not confer any right on a party like the petitioner to move the Munsiff to file a complaint but only prohibits courts from taking cognizance of any offence mentioned therein except on a complaint by a Public Officer. It is also pointed out by the counsel of the respondents that the action of the Munsiff under this clause is not a judicial act but only an administrative act and there is no question of filing an appeal or revision against such an order on the judicial side. Again, the counsel has drawn my attention to S.476(1) of the Code which provides for a right of appeal in cases arising under clauses (b) and (c) of sub-s.(1) of S.195 This also adds strength to the contention that no application by any party is contemplated under clause (a) of S.195(1). And I feel that the contention of the counsel of the respondents is well founded and no petition as the one which has given rise to the revision petition is contemplated under S.195(1)(a) of the Code

(3.) The counsel of the petitioner then contends that the criminal revision petition might be converted into a civil revision petition. Even this, I am afraid, is not possible, because, as I have already indicated, the action of the Munsiff under S.195(1)(a) is an administrative act and it cannot be questioned on the judicial side. Therefore, this prayer cannot also be allowed.